General Terms and Conditions

Parties

Service Provider: ianka fleerackers Comm. V., a Belgian limited partnership (commanditaire vennootschap), registered offices at Nieuwstraat 84, 2880 Bornem, Belgium, enterprise / VAT number BE 0824.677.865 (hereafter "bookto checkout", "we", or "us").

Merchant: the natural or legal person, acting in the course of a profession or business, who creates an account on checkout.bookto.eu (hereafter "Merchant" or "you").

By creating an account, the Merchant accepts these General Terms and Conditions. The person accepting is deemed authorised to do so on behalf of the Merchant.

These conditions apply exclusively to business-to-business relationships. bookto checkout does not provide services to consumers. By creating an account, you confirm that you are acting in the course of a profession or business.

1. Definitions

• Services — the checkout, payment link, invoicing, and post-payment automation services provided by bookto checkout to the Merchant through the Platform.
• Platform — the web application at checkout.bookto.eu, including the Merchant dashboard, checkout pages, and all related functionality.
• Subscription — the recurring payment arrangement under which the Merchant accesses the Services, as described in article 5.
• Trial Period — the initial period during which the Merchant may use the Services free of charge, as described in article 4.
• End Customer — a natural or legal person who completes a purchase through a checkout page created by the Merchant.
• Merchant Content — all data, text, images, product descriptions, pricing, and other materials that the Merchant enters into or publishes through the Platform.
• Payment Provider — the third-party payment processor through which End Customer payments are collected and settled to the Merchant. Currently supported: Mollie B.V. and Stripe Payments Europe, Ltd. bookto checkout may add or remove supported Payment Providers with prior notice.
• Agreement — the agreement between the Merchant and bookto checkout, consisting of these General Terms and Conditions, the Data Processing Agreement, and any specific terms agreed in writing.

2. Scope

2.1. These conditions govern all use of the Services by the Merchant. They do not cover the processing of personal data, which is governed by the separate Data Processing Agreement.

2.2. The Merchant's own general terms and conditions do not apply to the Agreement, unless expressly accepted in writing by bookto checkout.

2.3. In the event of a conflict between these conditions and individually agreed written terms, the individually agreed terms prevail.

3. Registration and account

3.1. To use the Services, the Merchant must create an account on the Platform. The Merchant provides accurate and complete registration information, including a valid email address and VAT number where applicable.

3.2. Account credentials are strictly personal and confidential. The Merchant is responsible for all activity under their account and must notify bookto checkout immediately of any unauthorised access.

3.3. bookto checkout may refuse or terminate a registration if, in our reasonable opinion, the Merchant provides inaccurate information, acts in violation of these conditions, or the intended use of the Services is unlawful or likely to cause harm to the Platform or its users.

4. Trial Period

4.1. New Merchants receive a Trial Period of 14 days from the date of account creation.

4.2. During the Trial Period, the Merchant may use the Services without charge. No payment method is required at registration.

4.3. At the end of the Trial Period, the Merchant must activate a paid Subscription to continue using the Services. If no Subscription is activated, the Merchant's checkout pages become inactive. Account data is retained for 90 days after the Trial Period ends, after which it may be deleted.

4.4. bookto checkout may modify the duration or conditions of the Trial Period at any time. Changes apply to new registrations only and do not affect ongoing Trial Periods.

5. Subscription and fees

5.1. Access to the Services requires an active Subscription. The current fees, billing frequency, and available plans are published on bookto.eu and communicated at the time of Subscription activation.

5.2. All fees are in euros and exclusive of VAT, unless stated otherwise. VAT is charged at the applicable rate.

5.3. Subscriptions are billed in advance for each billing period. Payment is collected automatically via the payment method on file (processed through Mollie B.V.).

5.4. bookto checkout may adjust fees with at least 30 days written notice (by email). If the Merchant does not agree with the new fee, the Merchant may terminate the Subscription before the new fee takes effect, in which case the current fee applies until the end of the current billing period.

5.5. The Merchant is responsible for maintaining a valid payment method. If automatic payment fails, article 6 applies.

6. Non-payment and suspension

6.1. If an automatic payment fails, bookto checkout will notify the Merchant by email and allow a grace period of 7 days to resolve the issue.

6.2. If payment is not received within the grace period, bookto checkout may suspend the Merchant's checkout pages. Suspension means that End Customers can no longer complete purchases through the Merchant's checkout links. The Merchant retains read-only access to the dashboard and all existing data.

6.3. During suspension, the Subscription fee remains due. Suspension does not release the Merchant from the obligation to pay outstanding amounts.

6.4. Upon receipt of the outstanding payment, bookto checkout will reactivate the Merchant's checkout pages within 24 hours.

6.5. If the outstanding amount remains unpaid for 30 days after the original due date, bookto checkout may terminate the Agreement in accordance with article 11.3.

6.6. In the event of late payment, the Merchant owes statutory interest (as determined by the Belgian Act of 2 August 2002 on combating late payment in commercial transactions) on the outstanding amount from the due date until full payment. bookto checkout may also claim reasonable extrajudicial collection costs, with a minimum of €40 in accordance with article 6 of the aforementioned Act.

7. The Services

7.1. The Services are provided as a standard, multi-tenant platform ("as is"). All Merchants receive the same functionality, subject to the configuration options available in the dashboard.

7.2. bookto checkout does not guarantee that the Services are suitable for the Merchant's specific business requirements or intended purpose.

7.3. bookto checkout strives for reasonable availability of the Platform. However, interruptions may occur due to maintenance, updates, or circumstances beyond our control. Planned maintenance will be communicated in advance where reasonably possible. Temporary unavailability does not constitute a breach of this Agreement.

7.4. bookto checkout may at any time modify, improve, or update the Services. Where a modification materially reduces existing functionality, bookto checkout will notify the Merchant at least 14 days in advance.

7.5. bookto checkout may temporarily suspend the Services, or a part thereof, if necessary for security, integrity, or maintenance reasons.

8. Third-party services

8.1. The Services depend on third-party providers, including but not limited to Payment Providers (currently Mollie B.V. and Stripe Payments Europe, Ltd.), Onfact (invoicing), and Kit/ConvertKit (email automations). The Merchant is responsible for establishing and maintaining their own agreements with these third parties where required.

8.2. bookto checkout is not a party to the agreements between the Merchant and third-party providers and is not liable for the performance, availability, or costs of third-party services.

8.3. Payments from End Customers are processed by the Payment Provider selected by the Merchant and settled directly to the Merchant's account with that Payment Provider. bookto checkout does not hold, transfer, or have access to the Merchant's funds. The Merchant's relationship with the Payment Provider is governed entirely by that Payment Provider's own terms and conditions.

8.4. The Merchant is responsible for connecting a valid account with a supported Payment Provider. If the Merchant's Payment Provider account is suspended, restricted, or otherwise unavailable, bookto checkout is not liable for the inability to process payments.

9. Merchant obligations

9.1. The Merchant is responsible for complying with all applicable laws and regulations, including consumer protection, tax, and e-commerce law, in relation to the products and services the Merchant sells through the Platform.

9.2. The Merchant is solely responsible for Merchant Content. bookto checkout does not review, approve, or verify Merchant Content and assumes no liability for it.

9.3. The Merchant may not use the Services for any purpose that is unlawful, misleading, or harmful to the Platform, other Merchants, or End Customers. This includes but is not limited to: selling illegal products or services, impersonating others, circumventing technical protections, or using the Platform in a way that disrupts its operation.

9.4. The Merchant is responsible for the security of their own account credentials, API keys, and third-party integrations (including Payment Provider keys stored via the Platform). bookto checkout is not liable for unauthorised access, data exposure, or financial loss resulting from compromised Merchant credentials or keys, regardless of how the compromise occurred.

9.5. bookto checkout may suspend the Services immediately and without prior notice if the Merchant is reasonably suspected of violating this article 9.

10. Intellectual property

10.1. All intellectual property rights in the Platform, Services, and related documentation belong to bookto checkout or its licensors. The Agreement does not transfer any intellectual property rights.

10.2. The Merchant is granted a limited, non-exclusive, non-transferable right to use the Platform for the duration of the Agreement, solely for the Merchant's own business purposes.

10.3. The Merchant retains all intellectual property rights in Merchant Content. The Merchant grants bookto checkout a licence to use Merchant Content to the extent necessary to provide the Services.

10.4. The Merchant warrants that Merchant Content does not infringe third-party rights and indemnifies bookto checkout against any claims arising from Merchant Content.

11. Duration and termination

11.1. The Agreement is concluded for an indefinite period, starting on the date of account creation.

11.2. Either party may terminate the Agreement for convenience by providing 30 days written notice (by email). Termination takes effect at the end of the current billing period following the notice period.

11.3. bookto checkout may terminate the Agreement with immediate effect, without prior notice of default, if the Merchant:

• fails to pay the outstanding amount within 30 days of the original due date (see article 6.5);
• materially breaches these conditions and fails to remedy the breach within 14 days of written notice;
• is declared bankrupt, applies for suspension of payment, or ceases its business activities.

11.4. The Merchant may terminate the Agreement with immediate effect if bookto checkout materially breaches these conditions and fails to remedy the breach within 30 days of written notice from the Merchant.

11.5. Upon termination, the Merchant's checkout pages become inactive immediately. The Merchant retains read-only dashboard access for 30 days to export their data. After this period, account data may be deleted, subject to the retention obligations in the Data Processing Agreement.

11.6. Termination does not release the Merchant from the obligation to pay any outstanding fees for the period prior to and including the termination date.

12. Liability

12.1. bookto checkout's aggregate liability under this Agreement — excluding liability that cannot be limited under applicable law — is limited to the fees actually paid by the Merchant in the 12 months preceding the event giving rise to the claim.

12.2. bookto checkout is not liable for indirect or consequential loss, including but not limited to lost profits, lost revenue, loss of data (beyond what is covered by the Data Processing Agreement), reputational damage, or damage arising from business interruption.

12.3. bookto checkout is not liable for damage caused by the Merchant's use of third-party services (article 8), by Merchant Content, or by the Merchant's failure to comply with applicable law.

12.4. In the event of a security incident affecting the Platform, bookto checkout's obligations are limited to: (a) notifying the Merchant in accordance with the Data Processing Agreement, (b) taking reasonable measures to contain the incident and restore the Services, and (c) cooperating with the Merchant and relevant authorities. bookto checkout is not liable for damage resulting from a security incident to the extent that the incident was caused by circumstances beyond its reasonable control, provided that bookto checkout has maintained appropriate technical and organisational security measures as described in the Data Processing Agreement.

12.5. bookto checkout maintains daily automated backups as described in the Data Processing Agreement. In the event of data loss caused by the failure of a third-party infrastructure provider (including Supabase or Vercel), bookto checkout's sole obligation is to restore the most recent available backup. bookto checkout is not liable for data created or modified between the last backup and the moment of data loss.

12.6. The limitations in this article 12 do not apply in cases of intentional misconduct or gross negligence.

13. Force majeure

13.1. bookto checkout is not liable for any failure or delay in performing its obligations if such failure or delay results from circumstances beyond its reasonable control (force majeure). This includes, but is not limited to: failures or outages of third-party providers (including Mollie, Stripe, Supabase, Vercel), disruptions to internet or telecommunications infrastructure, power failures, government measures, pandemics, natural disasters, and cyberattacks.

13.2. If a force majeure event lasts longer than 60 days, either party may terminate the Agreement by written notice, without liability for compensation. Fees already paid will be settled proportionally.

14. Confidentiality

14.1. Each party will treat as confidential any non-public information received from the other party in connection with the Agreement.

14.2. The obligation of confidentiality does not apply to information that is publicly available, was already known to the receiving party, or must be disclosed by law or court order.

15. Governing law and disputes

15.1. This Agreement is governed exclusively by Belgian law. The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply.

15.2. Any dispute arising from or in connection with this Agreement will be submitted to the courts of Mechelen, Belgium, unless the parties agree otherwise in writing.

16. Amendments and severability

16.1. bookto checkout may update these conditions from time to time. Material changes will be communicated to the Merchant at least 30 days in advance via email. Continued use of the Services after the notice period constitutes acceptance.

16.2. If the Merchant does not agree with the amended conditions, the Merchant may terminate the Agreement before the changes take effect in accordance with article 11.2.

16.3. Should any provision of this Agreement be deemed invalid or unenforceable, the remaining provisions remain in full force. The invalid provision will be amended to the minimum extent necessary to make it valid and enforceable while preserving the intent of the parties.

17. Contact

For any question about this Agreement, contact us at legal@bookto.eu in English or Dutch.

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ianka fleerackers Comm. V. · Nieuwstraat 84, 2880 Bornem, Belgium · VAT BE 0824.677.865